RtR

The Minister of State for Immigration, Caroline Nokes has issued a written ministerial statement in response to the High Court decision in the case of the JCWI against the Secretary of State. The High Court held that the Right to Rent scheme was unlawful as it inevitably led to unlawful discrimination on the part of […]

On 1 March the High Court released its decision in the case of Joint Council for the Welfare of Immigrants (JCWI) against the Secretary of State for the Home Department. The High Court has held that the Right to Rent policy is unlawful. This is a summary of the judgement which can be read in […]

A few weeks ago, we posted an update on the Tenant Fees Bill. We have since received a number of phone calls asking for more details on what agents can and cannot charge tenants for. Note that the fee ban does not apply to landlords. Unfortunately, the Bill could still be amended and as such […]

The House of Commons Library has produced a briefing paper with an overview of the Right to Rent scheme. The briefing paper is some 35 pages but, below is a summary of some important points: The paper acknowledges that the RtR has proved controversial with concerns raised in a number of areas: The additional burden […]

The Joint Council for the Welfare of Immigrants’ (JCWI) legal challenge of the Right to Rent policy will be heard in the High court on 18th and 19th December. The JCWI’s argument is based on Article 8 and 14 of the European Convention on Human Rights. The 2-pronged challenge is based on first that the Right to […]

On 29thJune the Home Office published an updated short guide on Right to Rent checks for landlords, agents and tenants. This does not replace the main code of practice but is intended to be a more accsssible document than the full code. Right to Rent (RtR) checks are carried out by landlords or agents renting […]

Some months ago, we wrote an article on the JCWI’s letter to the Secretary of State challenging he decision to roll out the Right to Rent (RtR) scheme to Northen Ireland, Wales and Scotland. The JCWI has now been given permission to judicially review the Secretary of State’s decision. Our previous post can be read […]

In our previous post we mentioned that organisations needed to be fully aware of the lawful processing basis that they are relying on for each data processing activity. This post will address the main bases applicable to agents. There are 6 lawful bases for processing and no single basis is more important or better than […]

Many commonwealth citizens have lived in the UK for most of their lives but recently it has become clear that they have had difficulty providing the necessary evidence to prove their status. The government has therefore issued urgent guidance for landlords on the RtR checks on undocumented commonwealth citizens while they take steps to resolve […]

Last summer we wrote an article on the Joint Council for the Welfare of Immigrants (JCWI) letter to the Home Secretary challenging the decision to roll out the Right to Rent (RtR) scheme to Northern Ireland, Wales and Scotland. The JCWI is now proceeding with the threat to judicially review the Home Secretary’s decision. Our […]

On 10th November, the Independent Chief Inspector of Borders and Immigration’s call for evidence closed. The Chief Inspector was seeking contributions from members of the public and stakeholders on the Right to Rent. Specifically, the Chief Inspector will examine: planning for the initial introduction of RtR, including success criteria, and the identification and mitigation of […]

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Emma Somerset

Emma qualified as a solicitor in 2010 after completing her academic training at Bournemouth University and the University of Law, Guildford.

After undertaking her training contract at a large firm on the south coast she began her career with the same firm before accepting a position with PainSmith Solicitors in November 2012.

Emma specialises in all aspects of property litigation and can assist in resolving most disputes, regularly acting for landlords and land owners in connection with dilapidations disputes, forfeiture and possession claims, land registration disputes, building and boundary disputes, and recovery of arrears and other debts.

Emma is also able to draft up to date tenancy documentation, being fully conversant with all relevant requirements and guidance that applies to this heavily regulated and changing area. She has been praised for her ability to quickly understand her clients’ objectives and for offering commercial, pragmatic advice in a straightforward manner.

Alexandra Rusu

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Laura Simpson

Laura graduated from the University of Portsmouth in 2013 with a degree in Law with Business. This year, Laura also completed the Legal Practice Course.

Prior to joining PainSmith Solicitors, Laura worked for a local council. She has the experience and knowledge to confidently handle her own caseload across a range of property matters and uses her understanding of business to ensure that she produces practical commercial solutions to client’s problems.

Sian Meredith

Sian graduated from the University of Portsmouth in 2015. Sian has an in-depth knowledge of possession proceedings and debt recovery.

Sian will commence her LPC in September 2016.

Richard Pulford

Richard came to PainSmith in August 2011 as a Paralegal after graduating with a degree in law from the University of Sheffield. Whilst working for PainSmith he completed the Legal Practice Course at weekends completed a training contract at the firm and has been taken on by the firm as a fully qualified Solicitor. After receiving considerable training provided by PainSmith, Richard joined the legal helpline and has been one of the advisers on the helpline for over four years.

He has over five years of experience in Landlord and Tenant law and his normal work load ranges from case handling of possession matters, deposit disputes, drafting of tenancy agreements, advising on HMO properties and debt and disrepair claims. He is experienced in lengthy and complex litigation and settlement negotiations.

David Whitney

David Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.

Marveen Smith

Marveen Smith was one of the founders of PainSmith Solicitors in 2001 and has been the only Principal of PainSmith Solicitors a niche firm who are specialists in property law since 2006. Marveen has a background in accountancy and tax; forging a second career in law by qualifying as a Solicitor before starting her own practice. As well as working in her legal practice daily Marveen is one of the trainers for ARLA and other organisations presenting legal courses throughout the country; giving presentations at regional meetings for ARLA; and at seminars for landlords. Marveen has made regular appearances on Money Box for Radio 4 and Watchdog where she endeavoured to balance the one sided view of letting agents that can be presented by the media, as well as disseminating information to enable landlords to act in a more professional capacity. Marveen was the first person to establish a legal helpline for landlords and agents; and to offer both standard and bespoke documents designed specifically for the lettings industry. Today PainSmith offers a wide choice of legal documents to satisfy the requirements of both relocation companies, letting agents and landlords.